Legal Privilege

Legal Professional Privilege (LPP) serves as the structural foundation for corporate compliance and the right of defense. For European corporate counsel, LPP is essential to facilitate the full and candid disclosure of facts necessary for accurate legal risk assessment without fear that such communications will be seized and used as self-incriminating evidence.

The primary tension in the EU landscape stems from the Akzo Nobel (2010) precedent. The European Court of Justice maintains that LPP does not extend to in-house counsel in European Commission investigations, citing a lack of professional independence due to the employment relationship. Consequently, while many national regimes protect in-house advice - in increasing numbers - EU competition authorities view these communications as discoverable, creating a dual-standard risk for corporate legal departments.